Who Started It? The Initial Aggressor Defense In Workers Comp Cases

Workplace altercations that result in an injury can sometimes lead to complicated questions about whether the employee’s own actions preclude him or her from recovering workers compensation benefits. A recent case in Louisiana highlights the topic. Steven Frederick Washington worked for New Orleans-based Gallo Mechanical Contractors L.L.C. and was driving a shuttle for the company for a work-related project on Dec. 7, 2015. Mr. Washington allegedly called passenger Lamar Rogers, also a Gallo employee, a “homosexual” and spoke threateningly to him, according to court documents in Washington v. Gallo Mechanical Contractors L.L.C.